EPS 95 Higher Pension Cases Supreme Court Final Update Today 11.8.2022

EPS 95 Higher Pension Cases Supreme Court Final Update Today 11.8.2022 Dear friends in the post-lunch Session before the Hon'ble Supreme Court on the issue of amended EPS 95 pension, started again submission given by Learned lawyer of EPFO Sh. Aryam Sunderam. He started saying that there are two categories one is before pensioners retired before amendments and second those who retired after amendments and are still not in service hence those who have not contributed to higher pension can not opt now.

Even if the higher pension is not allowed there are deficit of Rs 36,000 crore he argued. He had given when for higher pension consent of the employee is must and in this pensioners have not given consent along with employer so now he is not entitled to higher option. Option under EPS 95 pension is not automatic. Mr.Sundersm citing one para of the RC Gupta case said that option under both section 26(6) and 11(3) under the act is mandatory. He also cited para 45 of Nakara Judgement in support of his argument of not allowing option at this stage being a contributory pension scheme. Mr. Sunderam in an attempt to create some cofusion cited an example of one CEO of a Company drawing a 12 lakh monthly salary and is also a member of this scheme.

Mr.Banerjee learned lawyer of GoI also talked about financial sustainability but in return, the Judges argued why he had not earlier brought it in your annual report to which Mr.Banerjee could not reply up to the satisfaction of the judges. In the midst of the argument given by Mr. Banerjee, Hon'ble justice Anirudh Bose told Mr. Banerjee that after implementing the Hon'ble Kerala High Court judgment duly approved by CBT and GOI now you're approaching the court for not implementing further.

Friends one thing undersigned who is constantly witnessing entire proceeding before Hon'ble Supreme Court since the start i.e from 2.8.2022, can say one thing that everyone placed their arguments forcefully be it EPFO/GOI lawyers or Pensioners. Though EPFO lawyers' arguments are not digestible or in good taste for all of us pensioners they had also tried their best to convince the Hon'ble Bench. One thing more can be said the entire Bench of Hon'ble Judges was quite open and receptive and did not shy to ask even simple questions in their quest for going deeper into the issue so that fair Judgement may be given.

This is my honest assessment. As earlier, it is also said that no one can predict the Judgement but one thing seems to happen that pensioners' interests will be well taken into consideration by the Hon'ble Bench. Friends both the parties are now heard and "JUDGEMENT IS RESERVED."